National Law Relations with Customary Law in the Establishing of Regulation of the Recognition of Indigenous Peoples Rights to the Land of Ulayat

Abstract

This study examines and analyzes the relation of state law with customary law and the regulation of the recognition of indigenous peoples rights to the land of Ulayat. This type of research is normative legal research using a statutory approach and a conceptual approach. The types and sources of legal materials in this study are primary legal materials, skunder law materials, and tertiary legal materials. Collected legal materials are then analyzed using historical, systematics and authentic interpretations to construct arguments with deductive frameworks. State legal relations with customary law in the renewal of law in the field of agrarian and land has not been in accordance with the spirit of the nation's soul and philosophy of customary law which is the basis of the establishment of national land law. The establishment of legislation in the field of land has not demonstrated harmony in the regulations. The regulation on land rights determination only in the form of certificates issued by National Land Agency (hereinafter referred to as BPN) has not been as expected by the indigenous peoples, because the policy has not set the protective mechanisms against the legal object of indigenous law communities. Given the communal rights of customary Law society is not to be likened to other land rights. This can be a minimum of horizontal and vertical resistance in the community, particularly in relation to customary rights in ensuring the legal protection certainty of indigenous legal objects.